Board denies appeal of 329 Grafton renovation, finding deck and windows compliant

SAN FRANCISCO — The San Francisco Board of Appeals on Feb. 5 denied an appeal of a revision permit for 329 Grafton Avenue, finding the permit’s rear deck and new windows meet Planning Department and Department of Building Inspection standards and are not a legal privacy violation under current guidance.

Appellant John Withers told the board he has lived next door for decades and objected to two sliding doors, multiple new windows and a rear deck that, he said, let occupants overlook his backyard. “I don’t want their problem to be my problem,” Withers told the board, citing loss of privacy and increased occupancy at the renovated property.

Planning Department zoning administrator Corey Teague said the revision permit adds a rear deck but that the deck is less than 9 feet tall, has 3-foot setbacks on each side and maintains the required rear yard. “I would definitely say the focus is, privacy issues relative to someone's home and not yards,” Teague said, adding that rear‑facing windows and decks that allow views into yards are common in San Francisco and are not typically treated as privacy violations under the residential design guidelines.

Joseph Ospital, senior building inspector with the Department of Building Inspection, told the board the original permit (the 2024 interior renovation) was approved to code and the revision permit was reviewed against the original plans; DBI requires the revision and original to be reconciled before final inspection. “The original permit was, approved to code, met all the code requirements,” Ospital said.

Planning staff also explained that the prior permit had proposed five bedrooms but that the plans were modified to show four bedrooms and an office/study, which avoided a conditional-use requirement in the Ocean View Large Residence Special Use District. Because the revision at issue concerns the deck and rear openings, the Planning Department recommended denying the appeal and upholding the permit.

President John Trezvina moved to deny the appeal and uphold the permit; Vice President JR Epler and Commissioner Rick Swig voted aye. The board’s motion carried 3–0.

Both planning and building staff told the board that neighbors have other avenues if they suspect unauthorized conversion or misuse after construction: file a complaint with Planning Department or Code Enforcement. Planning said its special-use-district controls were designed in part to address concerns about unauthorized group housing and excessive bedroom counts.